Shakopee Mdewakanton Sioux Community v. Babbitt

• Court: U.S. District Court — District of Minnesota
• Writing for the Court: KYLE
• Citation: Shakopee Mdewakanton Sioux Community v. Babbitt, 906 F.Supp. 513 (D. Minn. 1995)
• Decision Date: 20 October 1995
• Docket Number: Civ. No. 3-95-618.
• Parties: SHAKOPEE MDEWAKANTON SIOUX (DAKOTA) COMMUNITY, a federally recognized Indian Tribe, Plaintiff, v. Bruce BABBITT, as Secretary of the Interior; and Ada E. Deer, as Assistant Secretary — Indian Affairs, United States Department of the Interior, Defendants, Louise B. Smith, et al., Amici Curiae.

906 F. Supp. 513

SHAKOPEE MDEWAKANTON SIOUX (DAKOTA) COMMUNITY, a federally recognized Indian Tribe, Plaintiff, v. Bruce BABBITT, as Secretary of the Interior; and Ada E. Deer, as Assistant Secretary — Indian Affairs, United States Department of the Interior, Defendants Louise B. Smith, et al., Amici Curiae.

Civ. No. 3-95-618.

United States District Court, D. Minnesota, Third Division.

October 20, 1995.

COPYRIGHT MATERIAL OMITTED

Kurt V. Bluedog and Vanya S. Hogen-Kind, Bluedog, Olson & Small, Bloomington, Minnesota; Brian B. O'Neill, Richard A. Duncan and Elizabeth H. Schmiesing, Faegre & Benson, Minneapolis, Minnesota, for Plaintiff.

Robert M. Small, Assistant United States Attorney, Minneapolis, Minnesota; Priscilla Wilfahrt, Field Solicitor, United States Department of the Interior, Minneapolis, Minnesota; and Barbara N. Coen, United States Department of the Interior, Division of Indian Affairs, Washington, D.C., for Defendants.

James H. Cohen, Susan L. Gorman and Arnie H. Frishman, Cohen Law Offices, Santa Fe, New Mexico and Minneapolis, Minnesota, for Amici Curiae.

MEMORANDUM OPINION AND ORDER

KYLE, District Judge.

Introduction

Plaintiff Shakopee Mdewakanton Sioux (Dakota) Community ("Community") commenced this action seeking judicial review of certain administrative actions taken by the Secretary of the Interior¹ regarding a federal election initiated by the Community and called by the Department of the Interior to amend the Community's tribal constitution pursuant to 25 U.S.C. § 476. The Community's claims arise under the Indian Reorganization Act ("IRA"), 25 U.S.C. §§ 461-479, and the Administrative Procedure Act ("APA"), 5 U.S.C. §§ 551-559 and 701-706. The Community currently challenges the Secretary's decision rejecting the results of the election and ordering an administrative law judge to determine whether certain individuals possess sufficient Mdewakanton blood lineage (¼) to be eligible to vote in a second election on the same proposed amendments. The Community seeks declaratory and injunctive relief. This matter is before the Court on the parties' cross motions for summary judgment.² For the reasons set forth below, the Court will grant the Defendants' Motion for Summary Judgment, deny the Plaintiff's Motion for Summary Judgment, and dismiss this action with prejudice.

Background³

The Community is a federally recognized Indian tribe organized pursuant to Section 16 of the IRA, 25 U.S.C. § 476, with a reservation located in Scott County, Minnesota. The Community's constitution defines its membership as individuals included in the Community's 1969 census roll and individuals who possess one-quarter (¼) degree Mdewakanton blood. The Community's current claims arise out of its recent attempt to change this constitutional blood quantum requirement by amending its constitution.

A. Amendment Process — Legal Framework

A brief overview of the statutory and regulatory framework governing the enactment of tribal constitutions and amendments is necessary prior to resolving the parties' current dispute. The process by which a federally recognized Indian tribe may adopt or amend its constitution is set out in 25 U.S.C. § 476, and its associated regulations, 25 C.F.R. §§ 81.1-81.24. Section 476 provides in pertinent part:

(a) Adoption; effective date

Any Indian tribe shall have the right to organize for its common welfare, and may adopt an appropriate constitution and bylaws, and any amendment thereto, which shall become effective when — (1) ratified by a majority vote of the adult members of the tribe or tribes at a special election authorized and called by the secretary under such rules and regulations as the secretary may prescribe; and

(2) approved by the Secretary ...

Under § 476(c) and 25 C.F.R. § 81.5, the Secretary is required to call and conduct an election to amend a § 476 tribal constitution upon a request from the tribal government. Such an election is a federal proceeding. Cheyenne River Sioux Tribe v. Andrus, 566 F.2d 1085, 1088-89 (8th Cir.1977), cert. denied, 439 U.S. 820, 99 S.Ct. 83, 58 L.Ed.2d 111 (1978).

The regulations promulgated pursuant to § 476(a)(1) establish the procedures for administering the election and resolving election disputes. These regulations require an election board comprised of a Bureau of Indian Affairs ("BIA") officer acting as chair and two members of the tribal governing body be established to monitor and conduct the election. This election board must compile and post a list of "registered voters" at least twenty days prior to the election and must rule on any challenges made regarding the eligibility of voters included or excluded from this list no later than ten days prior to the election. 25 C.F.R. §§ 81.12, 81.13. The regulations state that the election board's voter eligibility determinations "shall be final." 25 C.F.R. § 81.12. The regulations further provide, however, that within three days following the posting of the election results "any qualified voter ... may challenge the election results by filing with the Secretary ... the grounds for the challenge together with substantiating evidence...." 25 C.F.R. § 81.22. If the Secretary determines the objections are valid, the Secretary may order a new election. Id.

Once an election is held pursuant to the requirements in § 476(a), the Secretary must review the amended constitution to determine whether it complies with applicable laws. If the Secretary fails to timely review the amended constitution, the amendments are deemed effective by operation of law. In particular, § 476(d) provides:

(d) Approval or disapproval by Secretary; enforcement

(1) If an election called under subsection (a) of this section results in the adoption by the tribe of the proposed constitution and bylaws or amendments thereto, the Secretary shall approve the constitution and bylaws or amendments thereto within forty-five days after the election unless the Secretary finds that the proposed constitution, and bylaws or any amendments are contrary to applicable laws.

(2) If the Secretary does not approve or disapprove the constitution and bylaws or amendments within the forty-five days, the Secretary's approval shall be considered as given.

B. The Community's Amendment Process

The Community adopted its constitution under § 476(a) in 1969.⁴ In 1994, the Community's governing body, the General Council, initiated an election to amend its constitutional membership requirements. (Compl. ¶ 12.) The General Council drafted proposed amendments and, on June 10, 1994, formally requested the Acting Area Director of the Minneapolis Area Office of the Bureau of Indian Affairs to conduct a § 476 secretarial election on the proposed amendments. (Compl. ¶ 15.) After negotiating with the Secretary, the Community modified the proposed amendments and the Assistant Secretary authorized the BIA Minneapolis Area Director to conduct the election. (Compl. ¶¶ 17-19.) The BIA and the Community established an election board ("Election Board") consisting of Elliot Moffett, a BIA representative acting as chair, and two tribal members to conduct the election.

On March 8, 1995, the Community provided the BIA with the names of 116 individuals it recognized as adult persons belonging to the community and entitled to vote in the election. (Compl. ¶ 20.) The Community subsequently posted a "Registered Voter List" containing the names of 111 persons. (Compl. ¶ 21.) Objections to over 50% of these 111 persons were filed with the BIA pursuant to 25 C.F.R. § 81.13. (Compl. ¶ 21.) The Election Board determined that 44 individuals did not meet the Community's constitutional membership criteria and accordingly removed them from the list. (McNeal Aff., Ex. G.) The Election Board rejected the remaining 67 challenges to the Community's list.

The Secretary conducted the election on the proposed amendments on April 19, 1995. The amendments passed by a vote of 35 in favor and 27 opposed. (Compl. ¶ 28.) The Election Board certified the election results on April 19, 1995. (McNeal Aff., ¶ 9.) Pursuant to 25 C.F.R. § 81.22, challenges to 40 individuals were timely filed with the Secretary. (Def.'s Mem. in Supp. of Mot. for Summ. J., Ex. 3.) These challenges were based on the blood lineage requirement contained in the Community's constitution, and alleged that 18 constitutionally qualified "members" were not allowed to vote, while 22 individuals who were not constitutionally qualified "members" voted. (Id.)

On June 2, 1995 — 43 days after the election — the Assistant Secretary issued a decision letter regarding the 40 challenges. (Id.) The Assistant Secretary deferred to the Election Board on 17 of the challenges, but did not defer to the Election Board or otherwise resolve the remaining 23 challenges. (Id.) Instead, the Secretary issued an order concluding:

the Department of the Interior cannot approve the election results due to alleged irregularities in the determination of voter eligibility. A hearing examiner or administrative law judge will be appointed to determine the eligibility of twenty-three individuals who are challenged before me pursuant to 25 C.F.R. § 81.22. After a determination as to their eligibility is made, the Department of the Interior Deputy Commissioner will call a new election.

(Id. at 1.) The Secretary issued a second order on June 2, 1995, authorizing an administrative law judge to determine the Mdewakanton blood lineage of an additional 40 persons.⁵ (Defs.' Ex. 4, attach.)

C. Litigation

On June 30, 1995, the Community filed a verified Complaint seeking an order (1) declaring unlawful the Secretary's acts: (a) purporting to abrogate the results of the April 19, 1995 secretarial election; (b) overturning "final agency action by the Election Board determining all challenges to the eligibility of persons to vote in that secretarial election"; (c) appointing an administrative law judge to determine the Mdewakanton blood quantum and...